Determining the point of view of a “reasonable” third party must take into account the perspective of the person who is harassed. The objective component considers, from the point of view of a “reasonable” third party, how such behaviour would generally be received. The subjective part is the harasser’s own knowledge of how his or her behaviour is being received.
The reference to comment or conduct 'that is known or ought reasonably to be known to be unwelcome' establishes a subjective and objective test for harassment. However, depending on the circumstances, one incident could be significant or substantial enough to be sexual harassment.Įxample: A tribunal found that an incident where a male employee “flicked the nipple” of a female employee was enough to prove that sexual harassment had taken place. Section 10 of the Code defines harassment as “engaging in a course of vexatious comment or conduct that is known or ought to be known to be unwelcome.” Using this definition, more than one event must take place for there to be a violation of the Code.
